lOMoARcPSD|13097948
Exam notes
Legal System: Legal Method and Institutions (University of Canterbury)
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Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
TERMINOLOGY_______________________________________________________________
_
Material facts
o Relevant important facts
o Not relevant it was a brooch, jewel etc.
Issue
o Main overarching questions of the case.
o What the judges are trying to decide.
o Figure out ratio and then turn it into a question
Ratio
o Reasoning in the judgment, why the decision was made
o Legal reason why.
Finder acquires against all but true owner.
Obiter
o Judge goes off on a tangent. Ie. Hypothetical scenarios.
Precedent
o Previous judicial decision that has become the blueprint to reach the same
decision in later cases.
Stare decisis
o Stand by things decided.
Doctrine of Binding precedent
o Judges have to look to previous decision
o Judges are restricted by previous decisions.
Judicial comity
o Judges respectful of each other and look to other jurisdiction.
o If referring to any cases that isnt Tamworth or Parker
It is British legislation then use this word.
Reasoning:
Deductive reasoning
o Finding a logical conclusion based on accepted premises
o i.e. The speed limit = 50kmh, john was driving = 70. John was speeding.
Inductive.
o Drawing inferences from premises to reach a conclusion that is probably true but
not certain.
o Used when facts and or law is certain.
o Used to create a new legal principle
o Ie. Rover has a tail, dogs have tails, therefore rover could be a dog.
o Parker - creates rules through looking at previous cases.
Analogical reasoning
o Arguing like cases should be treated alike.
o Similar conclusion should be drawn
Treatment of cases
Downloaded by Emma Grant ()
Exam notes
Legal System: Legal Method and Institutions (University of Canterbury)
Studocu is not sponsored or endorsed by any college or university
Downloaded by Emma Grant ()
, lOMoARcPSD|13097948
TERMINOLOGY_______________________________________________________________
_
Material facts
o Relevant important facts
o Not relevant it was a brooch, jewel etc.
Issue
o Main overarching questions of the case.
o What the judges are trying to decide.
o Figure out ratio and then turn it into a question
Ratio
o Reasoning in the judgment, why the decision was made
o Legal reason why.
Finder acquires against all but true owner.
Obiter
o Judge goes off on a tangent. Ie. Hypothetical scenarios.
Precedent
o Previous judicial decision that has become the blueprint to reach the same
decision in later cases.
Stare decisis
o Stand by things decided.
Doctrine of Binding precedent
o Judges have to look to previous decision
o Judges are restricted by previous decisions.
Judicial comity
o Judges respectful of each other and look to other jurisdiction.
o If referring to any cases that isnt Tamworth or Parker
It is British legislation then use this word.
Reasoning:
Deductive reasoning
o Finding a logical conclusion based on accepted premises
o i.e. The speed limit = 50kmh, john was driving = 70. John was speeding.
Inductive.
o Drawing inferences from premises to reach a conclusion that is probably true but
not certain.
o Used when facts and or law is certain.
o Used to create a new legal principle
o Ie. Rover has a tail, dogs have tails, therefore rover could be a dog.
o Parker - creates rules through looking at previous cases.
Analogical reasoning
o Arguing like cases should be treated alike.
o Similar conclusion should be drawn
Treatment of cases
Downloaded by Emma Grant ()
